Terms of Service

Welcome to MagicIntake. These Terms of Service ("Terms") govern your use of the MagicIntake service. Please read them carefully. If you don't agree, don't use the service.

1 · Agreement to terms

By signing up for or using MagicIntake (the "Service"), you agree to these Terms. If you're using the Service on behalf of a business or organization, you represent that you have the authority to bind that organization to these Terms, and "you" refers to both you individually and that organization.

The Service is operated by Del Pino Care LLC d/b/a MagicIntake ("MagicIntake," "we," "us," "our"), a Florida limited liability company.

2 · The service

MagicIntake provides software that helps businesses collect, classify, and manage documents from their staff, clients, and contractors. Specific features depend on the plan you select.

We may add, modify, or discontinue features at any time. We will give reasonable advance notice of significant changes that materially reduce functionality on paid plans.

3 · Accounts

Eligibility

You must be at least 18 years old to create an account. By creating an account, you confirm that you meet this requirement.

Account security

You are responsible for keeping your password secure and for all activity that occurs under your account. Notify us immediately at support@magicintake.com if you suspect unauthorized access.

Accurate information

You agree to provide accurate, current, and complete information during signup and to keep it updated.

One person, one account

Each natural person may maintain only one Free-tier account. Creating multiple accounts to circumvent plan limits violates these Terms.

4 · Plans, billing, and refunds

Plans and pricing

The current plans and prices are listed on our pricing page. We may change prices for new subscriptions at any time. Existing paid subscribers will receive at least 30 days' notice before any price increase affects their plan.

Billing cycle

Paid plans renew automatically at the end of each billing cycle (monthly or annual) until you cancel. Payment is processed by Stripe. By providing payment information, you authorize us to charge the recurring fee.

Cancellation

You can cancel anytime from your account settings. Cancellation takes effect at the end of your current billing period. You retain access through that period.

Refunds

Subscription fees are non-refundable except where required by law. We may, at our sole discretion, offer prorated refunds for unusual circumstances (service outages exceeding 24 hours, billing errors, account closures within 7 days of subscription start).

Failed payments

If a payment fails, we will attempt to retry over several days. If payment cannot be collected, paid features will be paused until payment is resolved or the account will be downgraded to the Free plan.

Taxes

Listed prices do not include taxes. You are responsible for any sales tax, VAT, or similar taxes that apply to your purchase.

5 · Acceptable use

You agree NOT to:

• Use the Service for any illegal purpose or in violation of any applicable law.
• Upload or transmit malware, viruses, or any code designed to harm or disrupt systems.
• Attempt to gain unauthorized access to any part of the Service, other accounts, or our infrastructure.
• Reverse engineer, decompile, or copy the Service except as permitted by law.
• Use the Service to send spam, phishing messages, or unsolicited communications.
• Upload content that is unlawful, defamatory, infringing, harassing, obscene, or otherwise inappropriate.
• Use the Service to harass, threaten, or harm any individual or group.
• Resell or sublicense the Service without our written agreement.
• Misrepresent your identity or affiliation with any person or organization.
• Use automated tools (bots, scrapers) to access the Service in ways that exceed reasonable individual use.
• Circumvent or disable any security or access controls.

We reserve the right to suspend or terminate any account that violates these rules, with or without notice.

6 · Your content and documents

You own your content

You retain all rights to documents and content you upload to MagicIntake. We claim no ownership.

License to operate the service

You grant us a limited, non-exclusive license to host, store, transmit, and process your content solely as necessary to operate the Service for you. This includes:

• Storing your files in secure cloud storage.
• Sending file content to AI classification subprocessors (currently OpenAI and Anthropic) to identify document types.
• Generating thumbnails or previews where applicable.
• Backing up your content to prevent data loss.

This license ends when you delete the content or close your account.

We do not train AI on your content

We do not use your content to train our own AI models, and our subprocessor agreements prohibit them from using your content to train their models.

Responsibility for content

You are solely responsible for the content you upload. You represent that you have the right to upload it and that doing so doesn't violate any law or third-party rights.

Content from your recipients

If you invite recipients (clients, staff, contractors) to upload documents, you are responsible for ensuring you have the legal basis to collect those documents from them, including any required consents under applicable privacy laws.

7 · Health information disclaimer

If you are a healthcare provider, behavioral health practice, or any other entity that handles Protected Health Information ("PHI") under the U.S. Health Insurance Portability and Accountability Act of 1996 (HIPAA), the following applies:

• You agree NOT to upload PHI (including patient medical records, treatment notes, diagnostic information, or clinical data) to MagicIntake.
• Routine staff credentialing documents (CPR certifications, licenses, background checks, employment forms) are generally acceptable.
• You are solely responsible for your HIPAA compliance and for ensuring that your use of MagicIntake does not violate HIPAA or related laws.
• We disclaim all liability arising from any HIPAA violation that occurs through your use of the Service.

If you require a HIPAA-compliant arrangement, contact support@magicintake.com to discuss whether we can offer one for your situation.

8 · Third-party services

MagicIntake integrates with third-party services (Stripe for payments, Twilio for SMS, Resend for email, Supabase for hosting, OpenAI and Anthropic for AI processing, and others). Your use of these features is also subject to those third parties' terms.

We are not responsible for the availability, accuracy, or content of third-party services or for any harm arising from your use of them.

9 · Intellectual property

MagicIntake, the MagicIntake name, logo, and all software, designs, and content provided by us are owned by Del Pino Care LLC d/b/a MagicIntake and protected by U.S. and international intellectual property laws.

We grant you a limited, non-transferable, non-exclusive license to use the Service in accordance with these Terms. We retain all other rights.

You may not use our name or branding without our written permission, except to identify that you are a customer of MagicIntake.

10 · Service availability

We strive to provide reliable service, but we do not guarantee that the Service will be uninterrupted, error-free, or available at all times. We may perform maintenance, updates, or repairs that temporarily affect availability. Where reasonably possible, we will provide advance notice of planned maintenance.

We do not currently offer a service-level agreement (SLA) on any plan. We reserve the right to introduce SLAs in the future for paid plans.

11 · Termination

By you

You may terminate your account at any time from your account settings or by emailing support@magicintake.com. Cancellation takes effect at the end of your current billing period for paid plans, or immediately for Free plans.

By us

We may suspend or terminate your account if:

• You violate these Terms.
• You fail to pay applicable fees.
• We are required to do so by law.
• Continuing to provide the Service to you would expose us to legal risk.

For minor violations, we will typically give notice and an opportunity to cure. For severe violations (illegal activity, security threats, abusive behavior), we may terminate immediately without notice.

Effect of termination

On termination, your right to use the Service ends. We will retain your data for 30 days to allow account recovery, after which your data will be deleted in accordance with our Privacy Policy.

12 · Disclaimer of warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, MAGICINTAKE DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Service will be uninterrupted, secure, or error-free.
• AI classification will be accurate in every case.
• Defects will be corrected within any specific timeframe.
• The Service will meet your specific requirements.

You use the Service at your own risk.

13 · Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

• MAGICINTAKE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you.

14 · Indemnification

You agree to indemnify, defend, and hold harmless Del Pino Care LLC d/b/a MagicIntake and its officers, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service.
• Your violation of these Terms.
• Your violation of any third-party right (privacy, intellectual property, etc.).
• Content you upload to the Service, including any HIPAA, privacy law, or other regulatory violations resulting from such content.

15 · Dispute resolution

Informal resolution first

If you have a dispute with us, please contact us first at support@magicintake.com. Many disputes can be resolved quickly through direct communication.

Binding arbitration

If we can't resolve a dispute informally, both parties agree that any dispute arising from these Terms or your use of the Service will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will take place in Miami-Dade County, Florida, in English.

Class action waiver

YOU AND MAGICINTAKE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING.

Exceptions

Either party may bring claims in small claims court for amounts within that court's jurisdiction. Claims of intellectual property infringement may be brought in court rather than arbitration.

30-day right to opt out of arbitration

You may opt out of the arbitration provisions above by emailing support@magicintake.com with the subject line "Arbitration Opt-Out" within 30 days of first accepting these Terms.

16 · Governing law

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles. Subject to the arbitration provisions above, the courts of Miami-Dade County, Florida have exclusive jurisdiction over any disputes not resolved by arbitration.

17 · Changes to these terms

We may modify these Terms from time to time. When we make material changes, we will:

• Update the "Last updated" date at the top of this page.
• Notify account holders by email or in-app notification at least 14 days before changes take effect.

Your continued use of the Service after the effective date of the updated Terms constitutes acceptance. If you don't agree with the updated Terms, you must stop using the Service before they take effect.

18 · Contact

Questions about these Terms? Contact us:

• Email: support@magicintake.com
• Mail: Del Pino Care LLC d/b/a MagicIntake, 407 Lincoln Rd, Suite 6H, Miami Beach, FL 33139, United States